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High Court of DelhiW.P.(C)/542/2018

Mr. Sandeep Garg And ANR. v. North Delhi Municipal Corporation

2018-01-19Hon'Ble Mr. Justice V. Kameswar Rao2 pages

$-105 & *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 537/2018 + W.P.(C) 542/2018 MR. SANDEEP GARG AND ANR.

MR. SANDEEP GARG AND ANR.

Petitioners Through:

Ms. Swati Yadav, Adv. and Ms. Nitika Khanna, Adv.

versus "f NORTH DELHI MUNICIPAL CORPORATION NORTH DELHI MUNICIPAL CORPORATION Respondent Through: I Ms. Mini Pushkama, Standing Counsel for NDMC with Ms.

Anushruti and Ms. Vasundhara Nayyar, Advs. for NDMC

CORAM:

HON'BLE MR.

JUSTICE V. KAMESWAR RAO ^

ORDER

% 19.01.2018 CM No. 2283/2018 in W.P.(0 537/2018 CM No. 2312/2018 in W.P.ICI 542/2018 Exemptions allowed subject to all just exceptions. Applications stand disposed of.

, W.P.(0 537/2018 W.P.(C) 542/2018 The present petitions have been filed by the petitioners with the following prayers:

Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.

i "It is therefore most respectfully prayed that this Hon 'ble Court may kindly be pleased to:

i) issue the writ of certiorari and/or any other appropriate writ order(s) or direction(s) thereby quashing the impugned order dated 07.12.2017 passed by the respondent, directing the sealing of the premises of the petitioner, and a) to issue the Writ of Mandamus and/or any other appropriate writ, order(s) or directions (s) thereby directing the respondent NDMC to de-seal the property of the petitioners.

Any other relief which this Hon 'ble Court deems fit and proper in Jl the facts and circumstances of the case and may also be granted ^ in favour of the petitioners and against the respondent. " A perusal of sealing order dated December 07, 2017 reveals that the impugned orders have been passed in view of the orders of this Court in W.P. (C) 4349/2017 titled Court on its Own Motion V5. Government of NCT of Delhi and Ors. dated September 18, 2017. This aspect is also confirmed by Ms. Mini Pushkama, Standing Counsel for NDMC. In view of \ the fact that the impugned orders are pursuant to orders of the Division -A_ Bench referred to above, it would be appropriate, the petitioners approach the Division Bench. The writ petitions are dismissed with liberty to approach the Division Bench.

CM No. 2282/2018 in W.P.(C) 537/2018 CM No. 2311/2018 in W.P.tCI 542/2018 Dismissed as infructuous.

r i ii-W V. KAMESWAR RAO, J JANUARY 19, 2018/aky